N.Y. Tax Law § 26: Security training tax credit

§ 26. Security training tax credit. (a) Allowance of credit. A

taxpayer, which is subject to tax under article nine, nine-A, twenty-two

or thirty-three of this chapter and which is a qualified building owner,

shall be allowed a credit against such tax. The amount of the credit

allowed under this section shall equal the sum of the number of

qualified security officers providing protection to a building or

buildings owned by the taxpayer multiplied by three thousand dollars.

Provided, however, that in the case of a worker not so employed for a

full year, such amount shall be prorated to reflect the length of such

employment under regulations of the commissioner.

(b) Definitions. As used in this section, the following terms shall

have the following meanings:

(1) "Qualified building owner" means a building owner whose building

entrances, exits and common areas are protected by security personnel,

licensed under article seven-A of the general business law, whether or

not such security personnel are employed directly by the building owner

or indirectly through a contractor.

(2) "Qualified security training program" means a program for

residential and commercial building security officers which is designed

to: improve observation, detection and reporting skills, improve

coordination with local police, fire and emergency services; provide and

improve skills and working knowledge of advanced security technology

including surveillance systems and access control procedures; require at

least forty hours of training including three hours of training devoted

to terrorism awareness; and has been certified as a qualified program

and approved by the state office of homeland security pursuant to

section seven hundred nine of the executive law.

(3) "Security officers" means security officers, registered under

article seven-A of the general business law, responsible for the safety

and security of tenants and occupants of commercial buildings over five

hundred thousand square feet whether employed directly by a building

owner or indirectly through a contractor.

(4) "Qualified security officers" are security officers who: (i) are

employed in positions which are under a legally binding written

agreement, including a service contract between qualified building

owners and security contractors, enforceable by employees, that provides

for a minimum hourly wage rate of at least nine dollars fifty cents for

the calendar year two thousand five; nine dollars eighty-five cents for

the calendar year two thousand six; and ten dollars eighty-five cents

for the calendar year two thousand seven and thereafter; and (ii) have

completed a qualified security training program as set forth in this

section.

(c) Scope of credit. The credit provided for in subdivision (a) of

this section shall be allowed for any taxable year in which costs

relating to security personnel are paid or incurred.

(d) Credit certification. Upon application by a taxpayer, the state

office of homeland security may issue a credit certification where the

taxpayers meet the standards established in paragraph two of this

subdivision and have demonstrated that they have provided the

appropriate training, or, within the year, will provide the appropriate

training to all employees for whom they will claim the credit.

(e) The director of the office of homeland security in consultation

with the commissioner of taxation and finance, shall promulgate rules

and regulations necessary to implement this program.

(f) Cross-references. For application of the credit provided for in

this section, see the following provisions of this chapter:

(1) article 9: section 187-n.

(2) article 9-A: section 210-B: subdivision 21.

(3) article 22: section 606: subsection (ii).

(4) article 33: section 1511: subdivision (x).